Campbell v. Milliken et al Doc.

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Case 2:06-cv-00684-UA-SPC Document 4 Filed 01/05/2007 Page 1 of 3

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JAMES BERNARD CAMPBELL,

Plaintiff,

vs. Case No. 2:06-cv-684-FtM-99SPC

S. MILLIKEN; CHARLES W. SHOCKIEY; J.

DAVENPORT; KATHY CONNER; MILTON
HICKS; R. SPEARS; K. CECILIA,

Defendants.
______________________________________

OPINION AND ORDER

This matter comes before the Court upon initial review of the

file. Plaintiff, who is proceeding pro se and who is currently

incarcerated at Charlotte Correctional Institution, filed a civil

rights Complaint form (Doc. #1) pursuant to 42 U.S.C. § 1983 on

December 28, 2006. Plaintiff did not accompany his Complaint with

the requisite $350.00 filing fee or a request to proceed in forma

pauperis.

The Prison Litigation Reform Act (hereinafter PLRA), which

amended 28 U.S.C. § 1915, contains the following subsection:

(g) In no event shall a prisoner bring a

civil action or appeal a judgment in a civil
action or proceeding under this section if the
prisoner has, on 3 or more prior occasions,
while incarcerated or detained in any
facility, brought an action or appeal in a
court of the United States that was dismissed
on the grounds that it is frivolous,
malicious, or fails to state a claim upon
which relief may be granted, unless the
prisoner is under imminent danger of serious
physical injury.

Dockets.Justia.com
 Case 2:06-cv-00684-UA-SPC Document 4 Filed 01/05/2007 Page 2 of 3

28 U.S.C. § 1915(g).

Section 1915, known as the “Three Strikes Rule,” only permits

a prisoner to file “three meritless suits at the reduced rate.”

Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). The Court

takes judicial notice that Plaintiff has been recognized as a

“three striker”: (1) 3:05-cv-375; (2) 3:05-cv-380; (3) 3:05-cv-84.

See 3:05-cv-774.1

In the instant case, Plaintiff alleges that the law librarian

failed to timely provide Plaintiff with the case law he requested

when Plaintiff was under a legal deadline. Additionally, Plaintiff

claims he incurred a false disciplinary report as a result of the

grievances he filed concerning his failure to timely receive his

requested case law incident. In light of Plaintiff’s “three

strike” status, and since Plaintiff is not under imminent danger of

serious physical injury, this action will be dismissed without

prejudice. Plaintiff may initiate a new action by filing his civil

rights Complaint form accompanied with the requisite filing fee.

ACCORDINGLY, it is hereby

ORDERED:

1. Plaintiff’s Complaint (Doc. #1) is DISMISSED without

prejudice.

1
The Court notes that the U.S. Party/Case Index reflects that
to date Plaintiff has filed approximately 19 cases in federal
court. See http://pacer.uspci.uscourts.gov

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 Case 2:06-cv-00684-UA-SPC Document 4 Filed 01/05/2007 Page 3 of 3

2. The Clerk of Court shall: (1) terminate any pending

motions; (2) enter judgment accordingly; (3) close this file.

DONE AND ORDERED in Fort Myers, Florida, on this 5th day

of January, 2007.

SA: alj

Copies: All Parties of Record

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